the sikkim forests, water courses and road reserve
TRANSCRIPT
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The Sikkim Forests, Water Courses and Road Reserve (Preservation and Protection) Act, 1988
Act 6 of 1988
Keyword(s): Cattle, Forest, Forest Land, Forest Offence, Forest Produce
Amendment appended: 8 of 2000
882
CHAPTER.I
.PRELIMINARY
1. (1) This Act may be called the Sikkim Forests, Water Courses and
Road Reserve (Preservation and Protection) Act, 1988.
(2) It extends to the whole of Sikkim.
(3) It shall come into force at once.
2. In this Act, unless the context otherwise requires,
(a) "cattle" includes asses. buffaloes, cows, colts, ewes. fillies.
geldings, goats, horses, kids, lambs, mules, ponies, pigs,
rams, sheep, yak and zoe, elephant and such other kinds of
animals as the Government, by notification, specify;
(b) "forest" means an extensive tract of land covered with trees
and undergrowth, sometime intermingled with pastures,
alpine scrubs;
(c) "forest land" means the land shown as forest land in the
records of right including areas under perpetual snow, alpine
scrubs or alpine pasture or the land as declared as forest
land by the Government, by notification;
(d) "forest officers" includes the Principal Chief Conservator of
Forests, Chief Conservator of Forests, Additional Chief
Conservator of Forests, Conservator of Forests, Deputy
Conservator of Forests. Assistant Conservator of Forests,
Range Officers, Deputy Range Officers, Foresters, Head
Forest Guard, Forest Guard or any other officers appointed
by the Government to perform any function of a forest officer
under this Act;
(e) "forest offence" means an offence punishable under this
Act or under any rule made thereunder;
(f) "forest produce" includes
(i) (a) the following whether found in, or brought from a
forest or not, that is to say:
Short title, extent
and
commencement.
Definitions.
883
bark, charcoal, firewood, myrabolance, natural varnish, resin,
shellac, timber, wood, and
(b) the following when found in, or brought from, a forest, that is
to say:
trees and leaves, flowers, and fruits and all other parts or
produce of trees not hereinbefore mentioned;
(ii) wild animals and skins, tusks, horns, bones, silk, cocoons,
honey and wax, and all other parts or produce of animals,
(iii) plants not being trees including agave, creeper, dioscores,
daphne, edgeworthis, ferns, grass, licopodium, lichens,
mushroom, moss and reeds, bamboos, nettle,
polygonum, thysanolacna, and all categories of medicinal
herbs and shrubs, any agricultural crops, bulbs, rhizomes,
tubers, and all parts or produce of such plants,
(iv) peat, dolomite, graphite, rock, surface soil, sand stones,
slates, and other minerals including laterite, mineral oils
and all other products of mines and quarries, and
(v) such other produce as the Government may, by
notification, declare to be forest produce.
(g) "Government" means the State Government of Sikkim ;
(h) "gorucharan forest" means any forest land settled and
set aside by the State Government for the purpose of
grazing of cattle of the adjoining villages;
(i) "Khasmal forest" means any forest land settled and set aside
by the Government for meeting the bonafide domestic need
of timber, firewood and fodder of the resident of the
adjoining villages;
(j) "land" includes channel, creeks and other water channel,
reservoir, rivers, lakes and streams, whether artificial or
natural and also includes boulders and rocks;
(k) "notification" means a notification published in the
Official Gazette;
884.
(l) "reserved forest" means any forest land settled and
notified by the Government as reserved forest;
(m) "river" includes any stream, channel, jhora, creek or
other channel, natural or artificial;
(n) "timber" includes trees when they have fallen or have
been filled and all wood cut up or sawn or fashioned or
hallowed out for any purpose whatsoever;
(o) "trees" includes bamboos, brushwood, cane, banana,
kernels, stumps, trees and palms;
(p) "waste land" means an uncultivated land which is not the
property of any individual person;
(q) "weapon" includes ammunition, bows, arrows, explosive,
firearms, hooks, bills, khukuris, axe, saw, knives, nets,
poison, snares, traps and any instrument or apparatus
capable of destroying, damaging and injuring forest
produce.
CHAPTER II
RESERVED FORESTS
3. The Government may declare any land as a reserved forest in the
manner hereinafter provided.
4. Whenever it is proposed to declare any land as a reserved forest,
the Government shall issue a notification specifying therein
(a) that it has been decided to declare such land as a
reserved forest;
(b) as nearly as possible, the situation and limits of such
land; and
(c) the appointment of an officer (hereinafter referred to as the
Forest Settlement Officer) to enquire into the matter and
determine the existence, nature and extent of any rights
relating to collection of dry sticks and grazing alleged to
exist in favour of any person in or over any land comprised
within such limits, or in or over any forest produce, and to
deal with the same as provided in this Chapter.
885
5. After the issue of a notification under section 4, no right shall be
acquired in or over the land comprised in such notification except
by succession or under a grant or con. tract in writing made or
entered into or by or on behalf of the Government or some
person in whom such right was vested when the notification was
issued.
6. When a notification has been issued under section 4, the Forest
Settlement Officer shall publish in the language commonly
spoken in every town and villages in the neighborhood of the
land comprised therein, a proclamation
(a) specifying, as nearly as possible, the situation and
limits of the proposed forest;
(b) explaining the consequences which, as hereinafter provided,
will ensue on the reservation of such forest; and
(c) fixing a period of not less than one month from the date of
such proclamation, and requiring every person claiming any
right mentioned in section 4 or section 5, within such period
either to present to the Forest Settlement Officer a written
statement specifying or to appear before him and state the
nature of such right and the amount and particulars of the
compensation, if any, claimed in respect thereof.
7. The Forest Settlement Officer shall record all statements made
under section 6 and shall at some convenient place inquire into
all claims preferred under that section, and the existence of any
rights mentioned in section 4 or section 5 and not claimed under
section 6 so far as the same may be ascertainable from the
records of the Government and evidence of any persons likely to
be acquainted with the same.
8. For the purpose of such enquiry, the Forest Settlement
Officer may exercise the following powers, namely;
(a) the power to enter, by himself or any officer authorised
by him for the purpose, upon land and to survey, demarcate
and make a map of the same; and
(b) the powers of a Civil Court in the trial of suits.
886
9. Rights in respect of which no claim has been preferred under
section 6 and of the existence of which no knowledge has been
acquired by enquiry under section 7, be extinguished, unless,
before the notification under section 17 is published, the person
claiming those rights satisfies the Forest Settlement Officer that
he had sufficient cause for not preferring such claim within the
period fixed under section 6.
10. (1) In the case of a claim relating to the practice of shifting
cultivation, the Forest Settlement Officer shall record a
statement setting forth the particulars of the claim and of
any local rule or order under which the practice is allowed or
regularized, and submit the statement to the Government,
together with his opinion as to whether the practice should
be permitted or prohibited wholly or in part.
(2) On receipt of the statement and opinion, the Government
may make. an order permitting or prohibiting the practice
wholly or in part.
(3) If such practice is permitted wholly or in part, the
Forest Settlement Officer may arrange for its exercise
(a) by altering the limits of the land under settlement so as to
exclude land of sufficient extent of a suitable kind, and in a
locality reasonably convenient for the purposes of the
claimants, or
(b) by causing certain portions of the land under settlement
to be separately demarcated, and giving permission to the
claimants to practice shifting cultivation therein under such
conditions as he may prescribe.
(4) All arrangements made under sub-section (3) shall be
subject to the previous sanction of the Government.
(5) The practice of shifting cultivation shall in all cases
be deemed a privilege subject to control, restriction
and abolition by the Government.
11. (1) In the case of a claim to a right in or over any land other than a
right of way or right of pasture or a right to forest produce or a
water-course, Forest Settlement Officer shall pass an order
admitting or rejecting the same in whole or in part.
887
(2) If such claim is admitted in whole or in part, the
Forest Settlement Officer shall either
(i) exclude such land from the limits of the proposed forest;
(ii) come to an agreement with the owner thereof for the
surrender of his right and proceed to acquire such land in
the manner provided in the Sikkim Land (Requisition and
Acquisition) Act, 1977.
(3) For the purpose of acquiring such land
(a) the Forest Settlement Officer shall be deemed to be a
Collector under the Sikkim Land (Requisition and
Acquisition) Act, 1977;
(b) the claimant shall be deemed to be a person interested
and appearing before him in pursuance of a notice given
under section 5 of the Sikkim Land (Requisition and
Acquisition) Act, 1977;
( c) the provisions of the preceeding sections of the Sikkim
Land (Requisition and Acquisition) Act, 1977 shall be
deemed to have been complied with;
(d) the Forest Settlement Officer, with the consent of the
claimant or with the consent of both parties, may award an
amount for such acquisition.
12. In case of a claim to right of pasture or to forest produce, the
Forest Settlement Officer shall pass an order admitting or
rejecting the same in whole or in part.
13. (1) The Forest Settlement Officer, when passing any order under
section 12, shall record, so far as may be practicable
(a) the name, father's name, caste, residence and occu-
pation of the person claiming the right; and
(b) the classification, position and area of all field or groups
of fields, if any, and the classification and position of all
buildings. if any, in respect of which the exercise of such
right is claimed.
888
(2) If the Forest Settlement Officer admits in whole or in part any
claim under section 12, he shall also record the extent to
wbich the claim is so admitted, specifying the number and
the description of the cattle which the claimant is, from time
to time, entitled to graze in the forest, the season during
which such pasture is permitted.
14. Any person who has made a claim under this Act or any forest
officer or other person generally or specially empowered by the
Government in this behalf may, within one month from the date
of the order passed under sections 11 and 12 prefer an appeal
from such order to such Appellate Authority as the Government
may, by notification, appoint.
15. (1) Every appeal under section 14 shall be made by petition in
writing giving the grounds for appeal and may be delivered
to the Forest Settlement Officer who shall forward it without
delay to the Appellate Authority.
(2) No appeal shall be disposed of unless the parties thereto
have been given the opportunity of being heard.
(3) The Appellate Authority appointed under section 14 may
confirm, set aside or modify the order of the Forest
Settlement Officer, as the case may be, and the order of the
Appellate Authority shall be final.
16. The Government or any person who has made a claim under this
Act, may appoint any person to appear, plead and act on its or
his behalf before the Forest Settlement Officer, or the appellate
Authority, in the proceedings under this Act.
17. (1) When the following events have occurred, namely:
(a) the period fixed under section 6 for preferring claim has
elapsed, and all claims, if any made under that section or
section 9 have been disposed of by the Forest Settlement
Officer;
(b) if any such claims has been made, the period specified
in section 14 for appeal from the order passed on such
claims has elapsed, and all appeals, if any, presented within
such period have been disposed of by the Appellate
Authority, and
889
(c) all lands, if any, to be included in the proposed forest,
which the Forest Settlement Officer has, under section 11
acquired under the Sikkim Land (Requisition and
Acquisition) Act, 1977 have become vested in the
Government.
The Government shall publish a notification specifying
therein the definite boundary marks erected or otherwise the
limits of the forest which is to be reserved and declaring the
same to be reserved forest from a date fixed in the said
notification.
(2) The notification issued under sub-section (1) shall be
published in the villages and town in the neighborhood of
the reserved forest in the language commonly understood in
the area.
18. The Forest Officer -may, with the previous sanction of the
Government or any officer duly authorised by it in this behalf,
stop any public or private way or water course in a reserved
forest, provided that a substitute for the way or water course so
stopped, which the Government deems to be reasonably
convenient, already exists, or has' been provided or constructed
by the Forest Officer in lieu thereof.
19. (1) Any forest which has been declared or set aside as reserved
forest on or before the commencement of this Act under any
law or rule or notification in force in the State of Sikkim,
shall be deemed to be reserved forest.
(2) All question decided, orders made and records prepared in
connection with the declaration of such forest as reserved
forest shall be deemed to have been decided, made and
prepared under the corresponding provisions of this Act.
20. Any person who,
(a) makes any fresh clearing prohibited by section 5;
(b) converts a reserved forest or part thereof to any
use other than forestry;
(c) uses reserved forest for growing commercial crops;
890
(d) leases forest areas to private parties for raising
captive plantations or food crops;
(e) sets fire to a reserved forest;
(f) in contravention of any rules made under this Act, kindles
any fire or leaves any fire burning in such manner as to
endanger such forest;
(g) in contravention of the rules made under this Act
(i) kindles, keeps or carries any fire during such season
other than the season specified by the forest
officer;
(ii) trespasses or pastures cattle or permits cattle
to trespass;
(h) causes, by negligence. any damage, by felling any
trees or cutting or dragging any timber;
(i) fells, cuts, girdles, lops, taps or burns any tree or strips
off the bark or leaves of any tree or otherwise damage
the same;
(j) quarries stone, burns lime or charcoal or collects or
removes any forest produce;
(k) damages, alters or removes any cairn, wall, ditch,
embankment, fence, hedge or railing shall, on conviction, be
punishable with imprisonment for a term which may extend
to one year or with fine which may extend to ten thousand
rupees or with both and in addition to be liable to pay such
compensation for the damage done to the forest as the
convicting court may direct.
21. Whenever fire is caused wilfully or by gross negligence in a
reserved forest by a person having rights in such forest or by
person in his employment, the Government may. without
prejudice to any other punishment that may be imposed under
this Act, direct that in such forest or any specified portion thereof
the exercise of all or any of the rights of pasture, grazing or
collection of forest produce by any such person shall be
suspended for such period as it thinks fit or be extinguished.
891
CHAPTER III
KHASMAL AND GORUCHARAN
22. (1) The Government may, by notification, declare that the provisions
of this Chapter shall apply to khasmal or to gorucharan forest.
(2) Any forest which has been declared as khasmal forest and
gorucharan forest before the commencement of this Act
which has been specified in the records of rights of 1952
cadastral survey, shall be deemed to be khasmal forest and
gorucharan forest.
(3) Any waste land or banjo land which is not the property of any
person shall be deemed to be a khasmal forest for the
purpose of this Act.
23. No such notification referred to in sub-section (1) of section 22
shall be issued unless the nature and extent of the rights of the
Government and of private persons in or over the khasmal and
gorucharan forests is inquired into and recorded in a survey and
settlement record, or in such other manner as the' Government
thinks sufficient. Every such record shall be presumed to be
correct until proved otherwise.
Provided that in the case of any khasmal or gorucharan
forests, if the Government thinks that such inquiry and record are
necessary but that the completion thereof will occupy such
length of time as may endanger the rights of Government, the
Government may, pending such inquiry and record, declare such
land to be khasmal or gorucharan forest, as the case may be,
but so, however, the existing rights of individuals or communities
are affected as little as possible.
24. (1) Any person who
(a) makes any fresh clearing or converts khasmal forests or
gorucharan forest or part thereof to any use other than
forestry;
(b) sets fire to a khasmal forest or gorucharan forest or part
thereof;
892
(c) in contravention of any rules made under this Act kindles
any fire or leaves any fire burning in such manner as to
endanger such a forest;
(d) kindles, keeps or carries any fire except during season
other than the season notified by the forest officer;
(e) causes, by negligence, any damage, by felling any tree
or cutting or dragging any timber;
(f) cuts, pollards, girdles, lops, taps or burns any tree or
strips off the bark or otherwise damages the same;
(g) quarries stone, burns lime or charcoal or collects any
forest produce;
(h) damages, alters, removes any cairn, wall, ditch,
embankment, fence, hedge or railing, boundary marks, shall,
on conviction, be punishable with imprisonment for a term
which may extend to one year or with fine which may extend
to five thousand rupees or with both and in addition to be
liable to any such compensation for the damage done to the
forest as the convicting court may direct.
(.2) Notwithstanding anything contained in sub section (I), the
following acts shall not render the person liable to
punishment under that sub-section for
(a) any act done with the permission, in writing, of the
forest officer not below the rank of a Range Officer;
(b) grazing of cattle and collection of such quantity of fodder from
khasmal forest for bonafide use of the resident of the
adjoining locality;
(c) grazing of cattle, collection of such quantity of dry
fallen sticks and grass or fodder in a gorucharan forest.
25. The Government may, by notification,
(a) declare that any portion of khasmal or gorucharan forest shall
be closed for such period not exceeding thirty years and that
the rights of any private persons over such forest or portion
thereof shall be suspended during that period; and
893
(b) declare any tree or class of trees in khasmal or gorucharan
forest to be reserved from the date fixed in that notification.
26. Whenever fire is caused wilfully or by gross negligence in khasmal
or gorucharan forest, the Government may, not withstanding any
other penalty which has been imposed under this Act, direct that
in such forest or any portion thereof the exercise of all rights
provided in sub-section (2) of section 24 shall be suspended for
such period as may be specified.
27. (1) The Government may, by notification, make rules to
carry out the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely.
(a) the cutting, sawing, conversion and removal of trees and
timber and the collection, manufacture and removal of forest
produce;
(b) the granting of permits to the inhabitants of neighbouring
villages to take trees, timber or other forest produce for their
bonafide use, and the production and return of such permits
by such villagers;
(c) the payment, if any, to be made for the permission to cut
trees or to collect and remove such timber or other forest
produce;
(d) the examination of forest produce passing out of such
forest;
(e) the cutting of grass and grazing of cattle in such
forests and payment thereof. if any;
(f) the protection and management of any portion of forest
closed under section 25; and
(g) the exercise of rights referred to in section 25.
28. Whoever contravenes the provisions of the rules made under
section 27 shall, on conviction, be punishable with imprisonment
for a term which may extend to two years or with a fine which
may extend to five thousand rupees, or with both.
894
CHAPTER- IV
PROTECTION OF RIVER BANKS, SLIP RESERVE, ROAD RESERVE, ETC.
29. For the purpose of this Chapter river banks in relation to rivers
enumerated in the Schedule means and includes an area of sixty
metres on either side of such river or area within high flood level
mark, whichever is less.
River banks,
slip reserve,
road reserve,
etc.
(2) Slip reserve means and includes,
(i) all lands which are denuded or are in the process of
denudation declared as slip reserve before the
commencement of this Act; and
(ii) all denuded areas which are denuded or are in the
process of denudation and required to be conserved or
preserved for stabilization that may be notified as slip
reserve by the Government.
(3) No notification referred to in clause (ii) of sub-section (2)
shall be made unless the nature and extent of the right of
the Government and of the private persons in or over such
land is enquired into and recorded in the record of right and
such record shall be presumed to be correct until proved
otherwise;
Provided that in the case of any slip area, if the
Government thinks that such enquiry and record are
necessary but that the completion thereof will occupy such
length of time as may endanger the life of the community
due to occurrence of slips, the Government may, pending
such enquiry and record, declare such area to be a slip
reserve, but so, however, that the existing rights of
individuals or communities are affected as little as possible.
(4) Road Reserve in relation to a National Highway means
such portion of land lying within such distance from centre
on either side of such Highway as may be prescribed.
(5) Road Reserve in relation to a Highway other than a
National Highway means such portion of the land
895
lying within such distance from the centre on either side of
such Highway as may be prescribed.
(6) The road reserve referred to in sub-sections (4) and (5) shall
be under the administrative control of Forest Department as
if it were a forest constituted under this Act.
(7) Any encroachment into the road reserve by any person shall
be deemed to be an unauthorised occupation and such
person shall be evicted in accordance with the provisions
contained in the Sikkim Public Premises (Eviction of
Unauthorised Occupants and Rent Recovery) Act, 1980.
(8) All old abandoned roads with their road reserve which has
been abandoned as a result of construction of new roads
shall be the property of the Government.
30. (1) Any person who
(a) is in unauthorised occupation of any land in a
slip reserve or a road reserve or a river bank;
(b) removes any forest produce from a slip reserve or
a road reserve or a river bank;
shall be punishable with imprisonment for a term which may
extend to two years or with fine which may extend to six
thousand rupees or with both.
(2) Notwithstanding anything contained in sub-section (1), the
person in unauthorized occupation shall be evicted
in the manner as indicated in sub - section (7) of section 29.
31. The Government may, regulate the use of natural waters, ice and
glaciers by industrial establishments within the territory of Sikkim
and levy such taxes and duties as may be deemed appropriate
in the manner prescribed.
32. The Government may, by notification, declare that any slip
reserve or road reserve or river bank shall be closed for such
period as may be specified in that notification and that the rights
of any person over such slip reserve, road reserve or river banks
shall remain suspended during that period.
9 of 1980
Penalty.
Use of water resour-
ces/glaciers etc. by
industrial establish
ment.
Power of Govern
ment to close slip
reserve, road reserve
or river banks.
896
CHAPTER-V
CONTROL MANAGEMENT PRIVATE AND OF
33. For the purpose of this Chapter
(a) "forest" includes any land containing trees and shrubs,
pasture land and any land not being a reserve forest, a
gorucharan or khasmal forest, slip reserve and road
reserve, which the Government may, by notification, under
this section declare to be a forest;
(b) "owner" in relation to a forest or land includes a mortgagee,
leasees or other person having rights to possession and
enjoyment of forest land.
34. (I) No owner of any forest and no person claiming under him
whether by virtue of a contract, licence or any other
transaction entered into before or after the commencement
of this Act or any other person shall, without the previous
permission of, the forest officer authorised in this behalf,
cuts or girdles trees or do any act to denude the forest or
diminishes its utility as a forest:
Provided that nothing contained in this subsection
shall apply to
(a) the removal of fallen trees; and
(b) the making of agricultural implements for bonafide
use of the owner.
(2) Notwithstanding anything contained in sub-section (I), the
Government may, by notification, and for reasons to be
specified in such notification, exempt any class of forest or
class of trees of any forest produce found therein from all or
any of the provisions of this section.
(3) The Government may, by notification, declare any tree or
species of trees to be reserved from the date fixed in such
notification in such forest or land.
35. For the purpose of section 34, the Government may, make
rules prescribing,-
(a) class or kinds or species of trees which may be permitted to be cut and girdled and girth of such trees;
FORESTS
Control over forests
or lands not being
the property
of Government,
Preservation of
private forest and
to reserve trees.
Power to make
rules.
897
(b) the conditions subject to which permission for removal of
trees may be granted;
(c) the procedure to be followed by the forest officer before
granting permission;
(d) the procedure regarding granting of permission to fell
trees specified under section 34.
36. (1) The Government may, by notification, Protection of forest or
land for .special purposes.
(a) regulate or prohibit in any forest
(i) the breaking up or clearing of any land;
(ii) the pasturing of cattle;
(iii) the firing or clearing of vegetation;
(iv) the girdling, tapping or burning of any trees or stripping
off bark or leaves of any trees;
(v) the lopping or pollarding of any trees;
(vi) cutting, sawing, conversion and removal of trees and
timber;
(vii) the quarrying of stones or the burning of lime or
charcoal or the collection or removal of any forest produce
or its subjection to any manufacturing processes;
(b) regulate in any forest the regeneration of forest and
their protection from. fire;
(c) regulate the exercise of customary and prescriptive
rights in such forests.
(2) When protection of forest or land referred to in subsection (1)
of section 34 appears to be necessary. the Government
may, by notification, provide
(a) for conservation of trees and forests;
(b) for the preservation, improvement of soil or the reclamation of
saline or water logged land, the prevention of land slips or
formation of ravines or torrents or the protection of land
against erosion or the deposit therein of sand. stones,
gravels or minerals;
898
(c) for the improvement of grazing;
(d) for the maintenance of water supply and springs,
rivers and tracks;
(e) for the protection against storms, winds, rolling stones,
floods and avalanches;
(f) for the protection of roads, bridges, and other lines
of communications.
(3) No notification shall be made under sub-section (1) nor shall
any work be commenced under sub-section (2), until after
the issue of a notice to the owner of such forest or land
calling on him to show cause, within a reasonable period to
be specified in such notice, why such notification should not
be issued or work commenced, as the case may be, and
until his objections, if any, and any evidence he may
produce in support of the same, have been heard by any
officer duly appointed on that behalf by the Government.
37. Whoever contravenes the provisions of sub-section (1) of
section 34 or the rules made under section 35, or of the terms of
a notification issued under section 36 shall, without prejudice to
any other action that may be taken against him under this Act, on
conviction, be punishable with imprisonment which may extend to
six months or with fine which may extend to two thousand rupees
or with both.
38. (1) Any owner of any land or, if there be more than one owner
thereof, the owners of all ,the shares therein may, with a
view to the formation or preservation of forest thereon, apply
in writing to the Government to take over the management of
such land and the Government may, on such application,
where it is of opinion that it is expedient in public interest to
form or preserve the forest, by notification, assume the
management of such land.
(2) When the management of any land is assumed under sub-
section (1) save as otherwise agreed to between the
Government and the applicants, the net profit, if any, arising
from the management of the forest shall be paid to the
owners.
899
(3) The period of management shall be as such as may
be agreed to between the Government and the applicants.
39. (1) Every occupant or holder of land shall be responsible for the
due preservation of all trees growing thereon and shall in the
event of any injury to any tree from whatever cause or its
theft, at once report such fact to the nearest forest officer.
(2) Any occupant or holder who fails to report any such case of
injury or theft as aforesaid or to prove to the satisfaction of
such officer of the rank: not below to that of a Range Officer
that such injury or theft has not been caused either by his
own act or by neglect or default on his part by any other
person at his instigation or with his connivance shall,
notwithstanding any other penalty to which he may be liable,
be liable to pay such compensation on account of such
injury or theft as the Range Officer may deem reasonable :
Provided that the Range Officer may, in cases in
which he is satisfied that the person responsible for the act,
neglect, default, instigation or connivance resulting in the
injury or theft, tenant or the occupant or holder or any other
person holding under or through a tenant or occupant or
holder, direct that such tenant or occupant or holder or other
persons shall be liable for compensation or, be proceeded
against in the first instance for recovery thereof.
40. (I) Every person who whether as holder, occupant, tenant, sub-
tenant or leasee or in any other capacity having right over
trees growing or existing or found on any land, who is
desirous of felling such trees for bonafide domestic use,
shall apply to the forest officer not below the rank of Range
Officer in the prescribed form and shall obtain permit.
(2) No person shall remove any trees, wood, timber or other
forest produce from his land without obtaining permit in this
behalf in the manner provided in subsection (I):
900
Provided that no fees or duties shall be imposed on
removal of such produce by any person from his land.
(3) Every person who having right over trees growing or existing
or found on any land, is desirous of felling such trees for
commercial use shall apply to the forest officer not below
the rank of Deputy Conservator of Forests and shall obtain a
permit on payment, if any, as may be prescribed.
41. The provisions of Chapter III of this Act shall apply in respect of all
forest produce and trees grown in any land under the control and
management of a local authority and institution.
Application of provision
of this Act relating to
forest produce and
trees grown in land
under the control of the
local authority and
institution.
CHAPTER VI
TRANSIT OF FOREST PRODUCE
42. (1) The control of all rivers and their banks as regards floating
of timber as well as the control of all timber and other forest
produce in transit by land or water, is vested in the
Government and it may make rules to regulate the transit of
all timbers and other forest produce.
Power to make rules to
regulate transit of
Forest produce.
Explanation.- For the purpose of this Chapter, the forest produce
shall be deemed to include semi-finished forest product for
commercial purposes.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may, "
(a) specify the routes by which timber or any other forest produce
may be transported or moved into from or within the State
and the fee thereof;
(b) in the case of timber formed into a raft or fastened to the
shore, prohibit the loosening or the setting a drift not such
timber by any person not being the owner thereof or not
acting on behalf of such owner or the Government;
901
(c) provide for the stoppage, reporting, examination and
marking of timber or other forest produce in transit, in
respect of which there is reason to believe that any money
is payable to the Government on account of the price
thereof or any duty, fee, royalty or charge due thereon or to
which it is desirable for the purpose of this Act to affix the
mark;
(d) provide for the establishment of check posts or the erection of
barriers at such places as the Government may direct with a
view to prevent or check commission of forest offences in
respect of forest produce and for stoppage, reporting and
examination of goods carried by any vehicle or vessel at
such check posts or barriers;
(e) provide for establishment and regulation of depots and
stations to which such timber or other forest produce shall
be taken by those in charge of it for examination, or for the
payment of such money or in order that such marks may be
affixed to it, and the conditions under which such timber or
other forest produce shall be brought to, stored at and
removed from such depots or stations and for regulating the
appointment and duties of persons employed therein;
(f) authorize the transport of such timber or other forest produce
across any land and provide for payment of compensation
for any damage done by the transport of such timber or
other forest produce;
(g) prohibit the closing up or obstructing of the bank of any river
used for the transit of timber or other forest produce and
throwing of grass, brushwood, branches or leaves into any
such river or any act which may cause such river to be
closed or obstructed;
(h) provide for the prevention or removal of any obstruction of
the channel or banks of any such river and for recovering
the cost of such prevention or removal from the person
whose act or negligence caused such obstruction;
(i) prohibit absolutely or subject to conditions, within the
whole of the State of Sikkim or specified local limits,
902
the establishment of saw pits, saw mills or any other sawing
machines for converting, cutting, processing, distilling,
storing, burying, canceling or marking of timber or other
forest produce, the altering or defacing of any marks on the
same or the possession or carrying of marking hammer or
other implements used for marking timber
(j) regulate the existing sawpits, saw mills or any other
sawing contrivance:
Provided that no existing sawpits, saw mills or any
other sawing contrivance shall be closed unless the owner
thereof has been given an opportunity of being heard.
(3) In making the rule under this section, the Government may
provide that person guilty of contravention thereof shall, on
conviction, be punishable with imprisonment which may
extend to one year or with fine which may extend to two
thousand rupees or with both, and where the offence
committed after sunset or before sunrise, or after
preparation for resistance to lawful authority, or where the
offender has been previously convicted for a like offence,
the Magistrate having jurisdiction shall inflict double the
penalty prescribed for such offence.
43. The Government shall not be responsible for any loss for damage
which may occur in respect of any timber or other forest produce
while at a depot or station established under rules made under
section 42 or detained elsewhere for the purpose of this Act and
no such forest officer shall be responsible for any such loss or
damage unless he causes loss or damage wilfully, negligently,
maliciously or fraudulently.
44. In case of any accident or emergency involving danger to
any property at any depot or station, every person employed at
such depot or station shall render assistance to any forest officer
or police officer demanding his aid in preventing the damage or
loss to such property.
903
CHAPTER-VII
COLLECTION DRIFT AND STRANDED OF
45. (1) All timber
(a) found adrift, beached, stranded. or sunk;
(b) bearing marks which have not been registered in accordance
with the rules made under section 42;
(c) which have been super marked or on which the marks
have been obliterated, altered or defaced by fire or
otherwise;
(d) which are not marked but found in such areas as
the Government may specify;
shall be deemed to be the property of the Government
unless and until any person established his right and title
thereto as provided in this Chapter.
(2) The timber referred to in sub-section (1) may be collected by
any forest officer or by any other person authorised to
collect the same by virtue of any rule and may be brought to
any forest depot.
46. Public notice shall, from time to time, be given by the forest officer
regarding timber collected under section 45. Such notice shall
contain a description of the timber and shall require any person
claiming to same to present a written application for such claim to
such officer within a period of not less than thirty days from the
date of such notice.
47. (1) When any application is presented under section 46, the
forest officer may, after making such enquiry as he thinks fit,
either reject the claim, after recording his reason there or
accept the claim and deliver the timber to the claimant.
(2) If such timber is claimed by more than one person, the forest
officer may either deliver the same to any such person
whom he finds to be entitled thereto after recording the
reasons therefor or may refer the claimants
TIMBER
Certain kinds of timber property of Government.
Notice to claimants
of drift timber.
Procedure for disposal
of application for
claim.
904
to the Civil Court, and retain the timber pending the receipt
of an order from such court for its disposal.
(3) Any person whose claim has been rejected under the section
may, within thirty days from the date of intimation of the
order of such rejection, institute a suit to recovery of the
possession of the timber claimed by him but no such person
shall be entitled to any compensation or costs against the
Government or against any forest officer on account of such
rejection or the detention or removal of any timber.
(4) Unless there are adequate arrangements for storage of
timber detained or kept by the forest officer under this
section the Court may order that the timber so detained or
kept shall remain at the custody of the forest officer until the
disposal of the suit.
48. If no application is presented under section 46, or on such claim
having been preferred and rejected, fails to institute a suit for
recovery of the possession of such timber within thirty days from
the date of rejection of his claim, the ownership of such timber
shall vest with the Government free from all encumbrances.
49. The Government shall not be responsible for any loss or damage
which may occur in respect of any timber collected under section
45 and no forest officer shall be responsible for any such loss or
damage unless he causes such loss or damage wilfully,
negligently, maliciously or fraudulently.
50. No persons shall be entitled to recover possession of any timber
collected under section 45 or delivered under section 47 until he
paid to the forest officer or other person entitled to receive such
sum on account thereof as may be due under any rule made
under section 51.
51. (1) The Government may, by notification, make rules to
carry out the purposes of this Chapter.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may be made to regulate the
following matters, namely:
905
(a) the salvaging, collection and disposal of all timber
mentioned in this Chapter;
(b) the use and registration of boats or any other conveyance
used in salvaging and collecting timber;
(c) the amount to be paid for salvaging, collecting, moving,
storing or disposing of such timber;
(d) the use and registration of hammers and other instruments to
be used for marking such timber.
(3) In making the rules under this section, the Government may
provide that a person guilty of contravention thereof shall,
on conviction, be punishable with imprisonment which may
extend to six months or with fine which may extend to one
thousand rupees or with both.
CHAPTER-VIII
CA TTLE- TRESPASS
52. Any cattle trespassing in a reserved forest or in any portion of a
khasmal forest or gorucharan forest or slip reserve or road
reserve or river banks which has been closed by the
Government for grazing shall be seized and impounded by any
forest officer.
53. (1) The Government may, from time to time, by notification, direct
that in all or any part of the areas which have been closed
under section 25 or section 32, there shall be levied for each
head of cattle or other animal impounded under section 52,
such fine not exceeding fifty rupees as may be specified in
such notification.
(2) Any expenditure incurred by the Government during the
period of impounding of such cattle for feeding shall be
realized from the owner of the cattle at the time of release.
(3) The officer impounding such cattle shall take all precaution
for the safety of the cattle during the period such cattle or
other animals remain impounded.
906
Explanation:- The burden of proof that the cattle or other animal
has not been physically injured or diseased before the
impounding lies with the owner of the cattle or other
animals.
(4) The cattle or other animal which remains unclaimed for such
period as may be prescribed shall be disposed of in such
manner as may be prescribed.
54. The Government may, by notification, make rules to regulate
the- following matters, namely:
(a) establishment of cattle pound;
(b) conditions of release of cattle and other animals from
the pound;
(c) maximum period of impounding; and
(d) the manner of disposal of unclaimed cattle and other
animal and disposal of sale proceeds.
CHAPTER-IX
PENALTIES AND PROCEDURE
55. (1) Where there is reason to believe that a forest offence has
been committed in respect of any forest produce, such
produce together with all implements, tools, vehicle used in
committing any such offence may be seized by any forest
officer.
(2) Any forest officer may. if there is reason to believe that a
vehicle has been or is being used for the transport of forest
produce in respect of which there is a reason to believe a
forest offence has been or is being committed, require the
driver or other person in charge of such vehicle to stop the
vehicle and cause it to remain stationery as long as may
reasonably be necessary to examine the contents in the
vehicle and inspect all records relating to the goods carried
which are in possession of such driver or other person in
charge of the vehicle.
(3) Every officer seizing any property under this section shall
place on such property or the receptacle or vehicle, if any,
in which it is contained a mark indicating
907
that the same has been seized and shall, as soon as may
be, make a report of such seizure to the Magistrate having
jurisdiction to try offence on account of which the seizure
has been made:
Provided that where the forest produce in respect of
which such offence is believed to have been committed is
the property of the Government and if the offender is
unknown, it shall be sufficient if the officer makes, as soon
as may be, report. of the circumstances of the seizure to his
superior officer.
56. Any forest officer not below the rank of Range Officer who, or
whose sub-ordinate has seized any cattle or other forest produce,
animal, vehicle or any other thing referred to in section 55, may
release the same on the execution by the owner thereof of a bond
for the production of the property so released if and when so
required before the Magistrate having jurisdiction to try the
offence on account of which the seizure had been made.
57. (1) Any person who is in unauthorised occupation of forest land
may without prejudice to any other action that may be taken
against him under any other provisions of the Act or any
other law for the time being in force, be summarily evicted,
by a forest officer not below the rank of a Deputy
Conservator of Forests having jurisdiction over the said
forest land and any building or other construction erected
thereon shall, if not removed by such person within such
time as the Deputy Conservator of Forests may fix, be liable
to forfeiture:
Provided that before evicting a person under this
sub-section he shall be given a reasonable opportunity of
being heard.
(2) Any property forfeited under sub-section (1) shall be
disposed of in such manner as the Deputy Conservator of
Forests may direct and the cost of removal of any crop,
building or other work and all works necessary to restore the
land to its original condition shall be recoverable from the
persons evicted in the manner as if it were an arrear of land
revenue.
908
(3) Any person aggrieved by an order of the Deputy
Conservator of Forests under sub-sections (1) and (2) may,
within a period of one month and in such manner as may be
prescribed, appeal against such order to the Conservator of
Forests.
58. (1) The forest produce which is not the property of the
Government and in respect of which a forest offence has
been committed and all implements, vehicles, or other
conveyance or any other vehicle used in committing such
offence, shall be liable by order of the convicting. court to
be forfeited to the Government.
(2) Such forfeiture. may be in addition to any other punishment
provided in this Act for such offence.
59. When the trial of any forest offence is concluded, any forest
produce in respect of which such offence has been committed
shall, if it is the property of the Government or has been forfeited,
be taken possession of by the forest officer, and in any other
case may be disposed of in such manner as - the court may, by
order, direct.
60. When the offender is not known or cannot be found, the
Magistrate- may -if he finds that an offence has been committed,
order the property in respect of which the offence has been
committed to be forfeited to the Government together with tools,
vehicles or cattle and other articles used in committing the
offence and taken charge of by the forest officer or to be made
over to the person whom the Magistrate deems to be entitled to
the same
Provided that no such order shall be made until the
expiration of thirty days from the date of seizing the property, or
without hearing the person, if any, claiming any right thereto, and
the evidence, if any, which he may produce in support of his
claim.
61. Notwithstanding anything hereinbefore contained, the Deputy
Conservator of Forests may direct sale of the property seized
under section 55 which is subject to speedy and natural decay
and -deposit the, sale proceeds with the Government.
909
62. Officer who made the seizure under section 55 or any officer
superior or any person claiming to be interested in the property
so seized may, within thirty days from the date of any order
passed under section 58, section 59 or section 60, appeal to the
Court having jurisdiction.
63. When an order for the forfeiture of any property has been
passed under section 58 or section 60 thereof, as the case may
be, and the period specified by section 62 'for an appeal from
such orders has lapsed, and no such appeal has been
preferred, the court confirms such order in respect of the whole
or a portion of such property or such portion thereof, as the case
may be, shall vest in the Government free from all encumbrances.
64. Notwithstanding anything contained in the foregoing provisions of
this Chapter, where a forest offence is believed to have been
committed in respect of timber, firewood, charcoal and other
forest produce which is the property of the Government, the
officers seizing the property shall, without any unreasonable
delay produce it, together with all implements ropes, chains,
vehicles and cattle and other animal used in committing such
offence before a superior forest officer authorised by the
Government in this behalf, not being below the rank of the
Deputy Conservator of Forests (hereinafter referred to as the
authorised officer).
(2) Where an authorised officer seizes any timber, charcoal,
firewood and other forest produce which is the property of
Government, or where such property is produced before an
authorised officer under sub-section (1) and if he is satisfied
that a forest offence has been committed in respect of such
property, such authorised officer may, whether or not a
prosecution is instituted for the commission of such forest
offence, order confiscation of property so seized together
with all ropes, chains, implements, vehicles, cattle and other
animal used in committing such offence.
. 65 No order confiscating any property under section 55 shall be
made except after serving a notice in writing to the person
from whom it is seized and considering his objection if any
910
66. Any forest officer not below the rank of a Chief Conservator of
Forests, before the expiry of thirty days from the date of the order
of the Conservator of Forests under section 57, on his own motion
call for and examine the records of that order and may make such
enquiry or cause such enquiry to be made and may pass such
order as he deems fit:
Provided that no order prejudicial to a person shall be
passed under this section without giving him an opportunity of
being heard.
67. Any person aggrieved by an order passed under section 64
or section 66 may, within thirty days from the date of issue of
order to him appeal to the Magistrate having jurisdiction over the
area of seizure of such property and the Magistrate after giving
an opportunity to be heard shall pass an order either confirming
or rejecting or modifying the order appealed against.
68. (1) Any forest officer exercising powers under this Act or
any rule made thereunder who
(a) without reasonable ground of suspicion, searches or causes
to be searched any place, premises, vehicle or vessel; or
(b) vexatiously detains or searches or arrests any person,
shall, for every such offence, upon conviction by the court,
be punishable with imprisonment which may extend to six
months or with fine which may extend to two thousand
rupees, or with both.
(2) Any person wilfully and maliciously giving false information
and so causing an arrest or a search to be made under this
Act shall, upon conviction by the court, be punishable with
imprisonment for a term which may extend to six months or
with a fine which may extend to two thousand rupees or with
both.
69. Whoever with intent to cause damage or injury to the public or to
any person to cause wrongful gain as defined in the Indian Penal
Code, 1860,
911
(a) knowingly counterfeits upon any timber or standing tree a
mark used by forest officer to indicate that such timber or
such tree is the property of the Government or of some
person, or that it may lawfully be cut or removed by some
person; or
(b) unlawfully affixes to any timber or standing tree a
mark used by forest officers; or
(c) alters, defaces or obliterates any such marks placed on any
timber or standing tree by or under the authority of a forest
officer; or
(d) alters, moves, destroys or defaces any boundary marks of
any forest to which the provisions of this Act are applicable;
shall be punishable with imprisonment for a term which may
extend to two years or with fine which may extend to six
thousand rupees or with both.
70. (1) A forest officer may, without an order from a Magistrate and
without a warrant, arrest any person
(a) who has been concerned in any forest offence punishable
with imprisonment for not less than one month; or
(b) who on demand of such forest officer, refuses, gives
his name or residence or gives a name or residence
which such officer has reason to believe to be false; or
(c) if there is reason to believe that he will abscond.
(2) Any person arrested under sub-section (1), shall be
informed, as soon as may be, of the grounds for such arrest
and shall be produced before the nearest Magistrate having
jurisdiction within a period of twenty four hours of such
arrest excluding the time necessary for the journey from the
place of arrest to the court of Magistrate and no such
person shall be detained in custody beyond the said period
without the order of a Magistrate.
71. Any forest officer of the rank not below that of a Range
Officer who, or whose subordinate, has arrested any person
under the provisions of section 70 may, release such person on
his executing a bond with or without surety to appear before the
Magistrate if so required.
912
72. Notwithstanding anything contained in the Code of Criminal
Procedure, 1898 (V of 1898), any Magistrate of the First Class
especially empowered in this behalf by the State Government
may try summarily any forest offence.
73. Every forest officer and police officer shall prevent, and may
interfere for the purpose of preventing the commission of any
forest offence.
74. (1) The Government may, by notification, empower a forest
officer not below the rank of a Range Officer
(a) to accept from any person against whom reasonable
suspicion exists that he has committed any forest offence,
other than offence referred to in section 68 and section 69, a
sum of money which shall be twice the value of the property
involved by way of compensation for the offence which such
person is suspected to have committed; and
(b) when any property has been seized is liable to confiscation to
release the same on payment of the value thereof as
estimated by such officer.
(2) On the payment of such sum of money or such value, or
both, as the case may be, to such. officer, the suspected
person, if in custody, shall be discharged with and the
property, if any, seized shall be released, and no further
proceedings shall be taken against such person or property.
75. When in any proceedings taken under the provisions of this Act or
in consequence of anything done under this Act or under any
other law for the time being in force, a question arises as to
whether any forest produce is the property of the Government,
such produce shall be presumed to be the property of the
Government until the contrary is proved and in case of any
prosecution the burden of proving the contrary shall lie on the
accused.
76. (1) When any person is convicted of felling, cutting, girdling,
marking, lopping or tapping trees, or of injuring them by fire
or otherwise in contravention of provisions of this Act or of
any rule made thereunder, the convicting court may, in
addition' to any other punishment
913
which it may impose, order that person to pay to the
Government such compensation for each tree with respect
to which the offence was committed, as it deems just.
(2) Where the person convicted of commission of an offence is
an agent or servant of another person, the court may, after
holding such enquiry as it deems fit or giving him
reasonable opportunity of being heard, order such person to
pay the compensation if it is of the opinion that the offence
was committed due to neglect or default of such other
person.
77. When the holder of any lease, licence or contract whatsoever
granted or continued by or on behalf of the Government for any
of the purposes of this Act, or when any such offence is
committed by any agent or servant of the holder of any such
lease, licence or contract and the Government is satisfied with
the commission of the offence was a consequence of the
instigation of such holder or of any willful neglect or default on his
part, the Government or a forest officer duly empowered by the
Government in this behalf may, by order in writing, declare the
lease, licence, or contract to be forfeited in whole or in part with
effect on and from the date to be specified in the order.
78. This Act shall ,be, in addition to, and not in derogation
of any other law for the time being in force.
CHAPTER-X
MISCELLANEOUS
79. (1) Without prejudice to the powers conferred upon a forest
officer under this Act, Government may, by notification,
invest any forest officer with all or any of the following
powers, that is to say:
(a) to enter upon any land and survey, demarcate and make
a map of the same;
(b) to compel the attendance of witnesses, production of
documents and the materials of objection;
(c) to hold investigation into forest offence, and in the
course of such investigation to receive and record evidence;
914
(d) to notify the seasons and manner in which fire may be
kindled, kept or carried in a Reserved Forest or Forest;
(e) to grant permits referred to in the provisions of this
Act;
(f) to give public notice of timber collected under section 45;
(g) to notify stations, depots for the receptions and sale of
timber and forest produce;
(h) to take possession of property under this Act;
(i) to stop and check any vehicle suspected of being involved
in a forest offence;
(j) to compound cases and charge compensation for damages
caused by commission of forest offence.
(2) Any evidence recorded under clause (c) of sub-section (1)
shall be admissible in any subsequent trial before a
Magistrate:
Provided that it has been taken in the presence of the
accused person and recorded in the manner as provided
under sections 355, 356 or 357 of the Code of Criminal
Procedure, 1898.
80. Every forest officer shall be deemed to be a public servant
within the meaning of section 21 of the Indian Penal Code 1860.
81. (l) No suit, prosecution or other legal proceedings shall lie against
any forest officer for anything which is in good faith done or in
tended to be done in pursuance of this Act or any rule or order
made thereunder.
(2) No suit or other legal proceedings shall lie against the
Government for any damage caused or likely to be caused
for anything which is in good faith done or intended to be done in
pursuance of this Act or any rule or order made thereunder.
82. No forest officer shall, either as principal or an agent or in any
other capacity, trade in timber or other forest produce or become
interested in any lease or mortgage of any forest within or
outside the State of Sikkim.
915
83. (1) The Government may, by notification, make rules to carry out
all or any of the purpose. of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:
(a) to confer or limit the power and duties of any forest
officer under this Act;
(b) to regulate the procedure of working by the forest officer
under this Act;
(c) for the preservation, reproduction and disposal of trees,
timber and other forest produce belonging to Government
or otherwise, grown on land belonging to or in the
occupation of private persons;
(d) to regulate the rewards to be paid to officers and
informers;
(e) to regulate the cuttings, felling, sale and disposal of trees in
private holdings, or gorucharan or khasmal forest;
(f) the fees to be levied in respect of licenses, permits, passes or
permissions issued under this Act or rules made
thereunder;
(g) to prescribe the distance from the centre of the National
Highway and other Highways as road reserve under sub-
section (4) and sub-section (5) of section 29;
(h) any other matter which is required to be or may be
prescribed.
84. Any person who contravenes any provision of this Act or any rule
made under this Act for contravention of which no separate
penalty is provided, shall on conviction, be punishable with
imprisonment for a term which may extend to one year or with a
fine which may extend to six thousand rupees or with both.
85. Every person who
(i) exercises any right in a reserve forest, khasmal forest or
gorucharan forest or any other forest. land; or
916
(ii) is permitted to take any forest produce from such
forest or forest land; or
(iii) cuts and removes timber; or
(iv) pastures cattle in any forest; or.
(v) is employed by any of the persons hereinbefore mentioned
in a village contiguous to such a forest; or
(vi) is employed by the Government; or
vii) receives the emolument from the Government for
services performed to the community;
shall be bound to furnish without unnecessary delay to nearest
forest officer any information that he may possess regarding the
occurrence of fire in or near such forest or commission of any
forest offence and shall forthwith take steps,
(a) to extinguish any forest fire in such forest or which
he has knowledge or information;
(b) to prevent by any lawful means in his power any fire in the
vicinity of such forest of which he has knowledge of or
information from spreading to such forest and shall assist
any forest officer demanding his aid;
(c) in preventing the commission of any forest offences; and
(d) when there is reason to believe that any such offences has
been committed, in such forest, in discovering and arresting
the offender.
(2) Any person who is required to act in accordance with sub-section
(1) fails to- do so without lawful excuse
(a) to furnish information to .the nearest forest officer;
(b) to take steps to extinguish any forest fire;
(c) to prevent spreading of fire;
(d) to assist any forest officer demanding his aid in preventing
the commission of forest offence;
917
shall, on conviction, be punishable with imprisonment for a term
which may extend to six months or with a fine which shall not be
less than five thousand rupees or with both.
86. All monies payable to the Government under this Act or under any
rule made thereunder on account of the price of any forest
produce or of expenses incurred in the execution of this Act in
respect of such produce may, if not paid when due, be recovered
as if it were an arrear of land revenue.
87. (1) When any money referred to in section 86 is payable for in
respect of any forest produce, the amount there of shall be
deemed to be the first charge on such produce and such
produce may be taken possession of by a forest officer duly
empowered and may be retained by him until such amount
has been paid.
(2) If such amount is not paid within the period of one month
from the date of receipt of notice for such amount, the forest
officer may sell such produce by public auction and the
proceeds of sale shall be applied first in discharging such
amount.
(3) The surplus of sale proceeds of such public auction, if any, if
not claimed within sixty days from the date of sale by the
person entitled thereto, shall be forfeited to the Government:
Provided that the Government may, for reasons to be
recorded in writing, order the refund of such surplus sale
proceeds to the person entitled thereto within the period of three
years from the date of sale.
88. When any person in accordance with any provision of this Act, or
in compliance with any rule made thereunder, binds himself by
any bond or instrument to perform any duty or act, or covenants
by any bond or instrument that he ,or that he and his servant and
agents will abstain from any act. the whole sum mentioned in
such bond or instrument as the amount to be paid in case of such
breach of the conditions' thereof, may notwithstanding anything in
section 74 of the Indian Contract Act, 1872, be recovered from
him in case of such breach as if it were an arrear of land'
revenue.
918..
89. If any difficulty arises in giving effect to the provisions of this Act.
the Government may by order not inconsistent with the
provisions of this Act. remove such difficulties:
Provided that no such order shall be made after the
expiration of a period of three years from the date of
commencement of this Act.
90.. No Court shall take cognizance of any offence punishable under
this Act except on a report in writing of the facts constituting such
offence made by any forest officer not below the rank of a Range
Officer.
91. (1) The Sikkim Forests, Water Courses and Road Reserve
(Preservation and Protection) Ordinance, 1988 (Ordinance No.2
of 1988), is hereby repealed.
(2) Notwithstanding such repeal. anything done or any action
taken in the exercise of the powers conferred by or under that
Ordinance shall be deemed to have been done or taken in
exercise of the powers conferred by or under this Act as if this
Act was in force on the day on which such thing was done or
such action was taken.
(3) All existing orders, notifications, rules, regulations, byelaws,
proclamations and other instrument having the force of law shall
be deemed to have been made under this Act and they shall
remain in force till the rules under the provisions of this Act are
made.
SCHEDULE
( See section 29 )
1. Teesta River
2. Rangeet River
3. Takcham chu
4. Ramphu chu
5. Aho Khola
6. Andheri Khola
7. Lachen chu
8. Lachung chu
9. Rathang chu
10. Dickling Khola
54. Rabong Khola
55. Kaliz Khola
56. Rakel chu
57. Talung chu
58. Ringi chu
59. Rahi chu
60. Rongnek chu
61. Rong chu
62. Gangtok chu
63. Khedum chu
919
11. Rongli Khola
12. Dichu
13. Pachey Khola
14. Rongni chu
15. Roro chu
16. Lungze chu
17. Biju chu
18. Rate chu
19. Bakcha chu
20. Reshi chu
21. Dick chu
22. Reshi chu
23. Chakung chu
24. Ongchu
25. Rum chu
26. Monmu chu
27. Rang Phap chu
28. Ramphu chu
29. Rangyong chu
30. Kayam chu
31. Relli chu
32. Rothak chu
33. Reshi chu
34. Kalej Khola
35. Rang Dung chu
36. Rimbi chu
37. Riyong Khola
38. Bhari Khola
39. Meyong chu
40. Prekchu
41. Raman Khola
42. Song Khola
43. Pabong Khola
44. Yalichu
45. Reshi chu
46. Kanaka
47. Hee Khola
48. Dentam Khola
49. Sangya Khola
50. Manpur Khola
51. Rolu Khola
52. Rabi Khola
53. Seti Khola
64. Byangya cbo
65. Bitchu chu
66. Cbyakum chu
67. Yomthang chu
68. Damang chu
69. Berung chu
70. Dongkhya chll
71. Sebu chu
72. Toklum chu
73. Sema chu
74. Sevo chu
75. Zema chu
76. Chholam chu
77. Lhonakchu
78. Nakuchu
79. Lhorachu
80. Lungurachu
81. Gomachu
82. Thomp
83. Pokecbu
84. Burungchu
85. Gyamthangcha
86. Kalep chu
87. Lasha. chu
88. Tholangchu
89. Ringphichu
90. Umram chu
'91. Rubel chu
92. Phensangchu
'93. Rateychu
94. Rangrang chu
95. Rangchang chu
96. Q Khola
'97. Martam Khola
98. Neem Khola
'99. Chokchurang chw
100. Yangsha chu
t01. Chi! Kbola
102. Bareli Khola
103 Khani Khola (Melli'
104. Any -other river that may
be included by the Govern
ment, by notification, from time
to time
SIKKIM
GOVERNMENT GAZETTE
(EXTRAORDINARY)
PUBLISHED BY AUTHORITY
Gangtok , Tuesday 18th April , 2000 No . 129
GOVERNMENT OF SIKKIM
LAW DEPARTMENT GANGTOK. No. 8/LD/2000. Dated : the 4th April , 2000
NOTIFICATION
The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 7th day of April, 2000 is hereby published for general information:-
THE SIKKIM FORESTS, WATER COURSES AND ROAD RESERVE (PRESERVATION AND PROTECTION )AMENDMENT ACT, 2000
(ACT NO8 OF 2000 AN
ACT
To amend the Sikkim Forests, Water Courses and Road Reserve (Preservation and Protection )Act, 1998. Be it enacted by the Legislature of Sikkim in the Fifty –first Year to the Republic of India as follows:-
1. (1) This Act may be called the Sikkim Forests, water Courses and
Road Reserve (Preservation and Protection )Amendment Act, 2000
i. (2) It shall come into force from the date of its notification in the Official Gazette.
Short title and
commencement
2. In the Sikkim Forest, Water Courses and Road Reserve (Preservation
and Protection )Act , 1988 (hereinafter referred to as the principal Act), in section 20, -
(i) in clause (k) for words ten thousand the words “twenty
thousand” shall be substituted. (ii) After clause (k) of section 20, the following words shall be
added, namely:- “Where an offender has been previously convicted for an
offence under this section, the Magistrate having jurisdiction shall inflict a penalty of imprisonment for a term which shall not be less than three years by may extend up to seven years.
3. In section 22 of the principal Act, for the existing sub-section (1), the
following shall be substituted:-
“(1) The State Government may, by notification in the Official Gazette declare the provision of this Chapter applicable to any Khasmal or Gorucharan forest which is not included in a reserved forest but which is the property of Government, or over which the Government has properly rights, or to the whole or any part of the forest produce to which the Government is entitled”.
4. (i) In section 24 of the principal Act, in clause (h) of sub-section(1) for
the words “five thousand” the words “ten thousand” shall be substituted.
(ii) after clause(h) of sub-section (1), the following words shallbe
added. Namely:-
“Where an offender has been previously convicted for an offence under this section, the Magistrate having jurisdiction shall inflict a penalty of imprisonment of a term which shall not be less than three years by may extend up to seven years”.
5. In section 28 of the principal Act, for the words “Five thousand” the
words ‘ten thousand” shall be substituted.
Amendment
of section 20
Amendment
of section 22.
Amendment
of section 24
Amendment
of section 28
6. In section29, after sub-section(8) , the following sub-section shall be
Inserted, namely:-
“(9) The river bank referred to in sub-section(1) of section 29 shall be under the administrative control of the Forest Department as if it were a forest constituted under this act”.
7. (i) In section 30 of the principal Act, in clause (b) of subsection (1) the
words “or a river bank” shall be deleted.
(ii) After clause (b) in sub section (1), the following clause shall be inserted, namely:- “(C) removes any forest produce from a river bank without permission”. (iii) In sub-section(1) for the words “six thousand” the words “twelve thousand” shall be substituted. (iv) After sub-section (1) of section 30, the following words shall be added , namely:-
“Where an offender has been previously convicted for an offence under this section, the Magistrate having jurisdiction shall inflict a penalty of imprisonment for a term which shall not be less than three years but may extend up to seven years”
8. In section 37 of the principal Act, for the words “two thousand” the
words “five thousand” shall be substituted. 9. In sub-section (3) of section 42 of the principal Act, for the words “two
thousand” the words ‘five thousand’ shall be substituted. 10. (1) in sub-section (3) of section 51 of the principal Act, for the words
“six months” the words ‘three years’ and for the words “one thousand” the words ‘five thousand’ shall be substituted.
11. In sub section (1) of section 53 of the principal Act, for the words
“fifty” the words “two hundred and fifty” shall be substituted.
Amendment
of section 29
Amendment
of section 30
Amendment
of section 37
Amendment
of section 42.
Amendment
of section 51
Amendment
of section 53
12. In the marginal heading of section 57 of the principal act, after the word reserved forests the following words shall be inserted , namely:-
“Khasmal or Gorucharan forests”. 13. In sub-section(1) of section 68 of the principal Act, for the words ‘two
thousand’ the words ‘five thousand ‘ shall be substituted. 14. In section 69 of the principal Act:- (i) for the words ”six thousand’ the words ‘ twelve thousand’ shall be substituted. (ii) after clause(d), the following words shall be added, namely:- “Where an offender has been previously convicted for an offence
under this section, the Magistrate having jurisdiction shall inflict a penalty of imprisonment of a term which shall not be less than three years by may extend up to five years.
15. In section 70 of the principal Act. (i) In sub-section (1) after the words “forest officer” the following
words shall be inserted namely:-
“or Police officer”
(ii) for sub-section (2) the following sub-section shall be substituted namely:-
“(2) Every officer making an arrest under this section shall, without unnecessary delay and subject to the provisions of this Act as to release on bond , take or send the person arrested before the Magistrate having jurisdiction in the case , or to the Officer-In-Charge of the nearest Police Station.”
16. After section 71 of the principal Act, the following section shall be
inserted, namely:- “71 A, Certain offences to be non bailable-
Notwithstanding anything contained in this Act or in the Code of Criminal Procedure., 1973. (a) The offences under sections or clauses of sections mentioned in clause (b) shall be non- bailable.
Amendment
of
Marginal
Heading
Amendment
of section 68
Amendment
of section 69.
Amendment
of section 70.
Amendment
of Section 71
(b) The section and clauses of sections of this Act referred to in clause (a) are the following namely:- (i) Section20 clauses (a),(b),(c),(d), (e) and (k); (ii) Section 24 clauses (a),(b)and (h) of sub-section (1); (iii)Section 42, sub section (3) and (iv) Section 69 . © No person accused of any offence referred to in clause (b), shall if in custody, be released on bail or on his own bond unless- (i) The prosecution has been given an opportunity to oppose the application for such release , and. (ii) Where the prosecution opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.”
17. For Section 72 of the principal Act, the following shall be substituted,
namely:- “72. The Chief Judicial Magistrate or any other Judicial Magistrate of
the first class specially empowered in this behalf by the State Government in consultation with the High Court may, try summarily under the Code of Criminal Procedure, 1973 (2 of 1974), any forest offence punishable with imprisonment for a term not exceeding one year or win fine not exceeding two thousand rupees, or with both”.
18. In clause (a) of sub-section (1) of section 74 of the principal Act, for
the word “twice” the words “tour times” shall be substituted.
19. In sub-section (1) of section 79 of the principal Act, after clause (j) the following clause shall be inserted , namely:-
20. (1) After clause (g) in sub-section (2) of section 83 of the principal Act, the following clause shall be inserted namely:-
21. In section 84 of the principal Act:-
(i) for the words “six thousand” the words “twelve thousand” shall be substituted. (ii) After the words “or with both” the following words shall be added, namely:-
Amendment
of section 72
Amendment
of section 74
Amendment
of section 79
Amendment
of section 83.
Amendment
of section 84
“where the offender has been previously convicted for an offence under this section, the Magistrate having jurisdiction shall inflict a penalty of imprisonment for a term which shall not be less than three years by my extend up to seven years”.
22. In sub-section (2) of section 85 of the Principal Act.
(i) For the words “five thousand” the words “ten thousand” shall be substituted. (ii) After the words” or will both” the following words shall be added namely:- “where an offender has been previously convicted for an offence under this section, the Magistrate having jurisdiction shall inflict a penalty of imprisonment for a term of one year”. By order of the Governor,
T.D. RINZING SECRETARY TO THE GOVERNMENT
OF SIKKIM. LAW DEPARTMENT
FILE NO. 16(82) LD/77-2000
Amendment
of section 85.